PATEL THLPPESWAMY Vs. GANGAMMA

JUDGEMENT

(1.) THE appellant was the first defendant, respondents 2 and 3 were defendants 2 and 3 and the first respondent was the plaintiff in the Trial court. For the sake of convenience, the rank of the parties are referred to as in the Trial Court.

(2.) THE plaintiff filed the suit in O. S. No. 577 of 1988 against the defendants for declaration that she is the owner of suit schedule properties and the 3rd defendant has no right to cancel the gift deed by the deed dated 14-3-1988 and also for permanent injunction. The suit schedule properties were gifted by the 3rd defendant to the plaintiff under a registered gift deed dated 27-5-1982 but the same had been cancelled by a registered deed dated 14-3-1988. Hence, the plaintiff filed the suit. The suit was resisted by the defendants by filing written statement. The first defendant contended that the plaintiff obtained the gift deed in her favour by misrepresentation and playing fraud.

(3.) ON the basis of the pleadings, the Trial Court framed issues. Both the parties led evidence by examining witnesses and producing documents. On appreciation of the material on record, the Trial Court decreed the suit by its judgment dated 31-8-1989. The appeal filed by the defendants in R. A. No. 123 of 1989 against the judgment of the Trial court was dismissed by the first Appellate Court by its judgment dated 6-3-1998. Aggrieved by the same, the first defendant has preferred this second appeal.